Certiorari

In practice

A writ issued by a superior to an inferior court of record, requiring the latter to send -in to the former some proceeding therein pending, or the records and proceedings in some cause already terminated in cases where the procedure is not according to the course of the common law.

112 Mass. 206.

The office of the writs of certiorari and mandamus is often much the same. It is the practice of the United States supreme court, upon a suggestion of any defect in the transcript of the record sent up into that court upon a writ of error, to allow a special certiorari, requiring the court below to certify more fully.

3 Dall. (U. S.) 411; 7 Cranch (U. S.) 288; 3 How. (U. S.) 553.

The same result might also be effected by a writ of mandamus. The two remedies are, when addressed to an inferior court of record, from a superior court, requiring the return of a record, much the same. But where diminution of the record is suggested in the inferior court, and the purpose is to obtain a more perfect record, and not inerely a more perfect copy or transcript, it is believed that the writ of mandam.us is the appropriate remedy. In many of the states, the writ produces the same result in proceedings given by statute, such as the proceedings for obtaining damages under the mill acts, highway acts, pauper laws, etc., as the writ of error does when the proceedings are according to the course of the common law. Where the lower court is to be required to proceed in a cause, a writ of procedendo or mandamus is the proper remedy.

CERTUM EST QUOD CERTUM REDDI potest

That is sufficiently certain which can be made certain.

Noy, Max. 481; Co. Litt. 46b, 96a, 142a; 2 Sharswood, Bl. Comm. 143; 2 Maule & S. 50; Broom, Leg. Max. (3d London Ed.) 555-558; 3 Term R. 463; 4 CERVISARII (eervisia,. ale).

Among the Saxons, tenants who were bound to supply drink for their lord's table. Cowell; Domesday Book.